OLRB rules that sleeping on the job does not constitute “intentional misconduct” under ESA
Anyone involved in human resources may think that if an employee who works in a manufacturing facility surrounded by potential health and safety hazards is found sleeping on the job on more than one occasion, they should be dismissed for cause and disentitled to severance of any kind. That would be a reasonable “gut reaction” to this type of fact situation. In fact, such decisions are routinely upheld by both the courts and labour arbitrators.
